Fillable Form 1.: FL-347 BIFURCATION OF STATUS OF MARRIAGE (Thurman W. Arnold CFLS, AAML )

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Form 1.: FL-347 BIFURCATION OF STATUS OF MARRIAGE (Thurman W. Arnold CFLS, AAML )

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FL-347
PETITIONER:
CASE NUMBER:
RESPONDENT:
BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP
ATTACHMENT TO JUDGMENT (FL-180) FINDINGS AND ORDER AFTER HEARING (FL-340)
The court grants the request of to bifurcate and grant a separate trial on the issue of the
dissolution of the status of the marriage or domestic partnership apart from other issues.
1.
Page 1 of 3
Family Code, §§ 2337, 2610;
Form Adopted for Mandatory Use
Judicial Council of California
FL-347 [Rev. July 1, 2012]
www.courts.ca.gov
A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has
been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of
disclosure until a later time.
BIFURCATION OF STATUS OF MARRIAGE
OR DOMESTIC PARTNERSHIP—ATTACHMENT
(Family Law)
Date marital or domestic partnership status ends (specify):
THE COURT FINDS
2.
Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is
precluded or made unnecessary by applicable law.
3.
To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of
the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party
is a participant:
THE COURT ORDERS
(1)
A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each
party's interest in retirement plan benefits, including survivor and death benefits.
(2)
An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
a.
(3)
A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the
judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law)(form FL-180)). This order
provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the
marriage or domestic partnership.
The moving party must promptly serve on the retirement or pension plan administrator a copy of any order entered under items a
and b above and a copy of the judgment granting dissolution of the status of the marriage or domestic partnership (form FL-180).
c.
4.
Jurisdiction is reserved for later determination of all other pending issues in this case.
5.
The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of
marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's
estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would
have been enforceable before the person's death.
The petitioner respondent must indemnify and hold the other party harmless from any taxes,
reassessments, interest, and penalties payable by the other party in connection with the division of the
community estate that would not have been payable if the parties were still married or domestic partners at the time
the division was made.
a.
petitioner
respondent
Probate Code, §§ 160 et seq., 5000 et seq.
Division of property
Name of plan: Type of order attached
3a(1) 3a(2) 3a(3)
b.
See attachment 3b for additional plans.
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the form when finished.
FL-347
PETITIONER:
CASE NUMBER:
RESPONDENT:
Until a judgment has been entered and filed on all remaining issues, the petitioner respondent must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in a
termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the
severance is granted.
c.
Until a judgment has been entered and filed on all remaining issues, the petitioner respondent must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the
loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.
d.
Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until
a judgment has been entered on all remaining issues, the petitioner respondent must indemnify and hold
the other party harmless from any adverse consequences to the other party if the bifurcation results in the loss of the other
party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement,
or to any elections or options associated with them, to the extent that the other party would have been entitled to those benefits
or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the moving party.
e.
The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results
in the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those
benefits or elections as the surviving spouse or surviving domestic partner of the moving party.
f.
Attachment 5(g), Order Re: Beneficiary Designation for Nonprobate Transfer Assets, will remain in effect for each covered
asset until the division of any community interest therein has been completed.
g.
Attachment 5(h), Order Re: Division of IRA Under Internal Revenue Code Section 408(d)(6), has been issued to preserve the
ability of petitioner respondent to defer distribution of his or her community interest on the death of the
IRA owner.
h.
FL-347 [Rev. July 1, 2012]
Page 2 of 3
5.
BIFURCATION OF STATUS OF MARRIAGE
OR DOMESTIC PARTNERSHIP—ATTACHMENT
(Family Law)
b.
Health insurance
Probate homestead
Probate family allowance
Retirement benefits
Social security benefits
Beneficiary designation— Nonprobate transfer
Individual Retirement Account
Until a judgment has been entered and filed on all remaining issues, the petitioner respondent must maintain
all existing health and medical insurance coverage for the other party, and that party must also maintain any minor children as
named dependents, as long as that party is eligible to do so. If at any time during this period the
petitioner respondent is not eligible to maintain that coverage, that party must, at his or her sole expense,
provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance
coverage to the extent it is available.
If that coverage is not available, the petitioner respondent is responsible for paying the health and medical
care for the other party and the minor children to the extent that care would have been covered by the existing insurance
coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party
harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical
insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or
program.
FL-347
PETITIONER:
CASE NUMBER:
RESPONDENT:
Good cause exists to make additional orders as set out in Family Code section 2337(c)(9). See Attachment 5(i).
i.
Other:
j.
FL-347 [Rev. July 1, 2012]
Page 3 of 3
5.
BIFURCATION OF STATUS OF MARRIAGE
OR DOMESTIC PARTNERSHIP—ATTACHMENT
(Family Law)
WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.
Enforcement of community property rights
Other conditions that are just and equitable
6.
Number of attachments:
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Form 1.: FL-347 BIFURCATION OF STATUS OF MARRIAGE (Thurman W. Arnold CFLS, AAML )

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Completed 23 January 2021

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